Online Educational Coaching Agreement
Assumption of Risk, Release of Liability, Health Information Authorization, and Arbitration Agreement
Effective September 11, 2026 · Version 2026-09-11
PLEASE READ THIS AGREEMENT CAREFULLY.
THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS. AMONG OTHER THINGS, IT CONTAINS A RELEASE OF LIABILITY, AN ASSUMPTION OF RISK, A BINDING ARBITRATION AGREEMENT, A WAIVER OF JURY TRIAL (WHERE PERMITTED), A CLASS ACTION WAIVER (WHERE PERMITTED), AND LIMITATIONS ON THE LIABILITY OF VIM & VIGOR INC.
By purchasing, accessing, or participating in the Services, Client acknowledges that Client has carefully read, understands, and voluntarily agrees to be legally bound by every provision of this Agreement.
How you accept these terms. You accept this Agreement when you check the acceptance box on the coaching order form at checkout. That electronic acceptance has the same legal effect as a handwritten signature, as described in Section 20.4. You may print or save a copy of this page at any time for your records.
1. Parties
This Online Educational Coaching Agreement, Assumption of Risk, Release of Liability, Health Information Authorization, and Arbitration Agreement (this “Agreement”) is entered into between Vim & Vigor Inc., a Wyoming corporation, together with its parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, independent contractors, consultants, agents, representatives, licensors, successors, assigns, and authorized Coaches (collectively, the “Company,” “Vim & Vigor,” “we,” “us,” or “our”), and the individual who purchases, accesses, enrolls in, or participates in the Services (the “Client,” “you,” or “your”).
By purchasing, accessing, enrolling in, or participating in the Services, Client acknowledges that Client has read this Agreement in its entirety, understands its terms, and voluntarily agrees to be legally bound by it.
For purposes of this Agreement:
“Services” means the remote educational coaching services provided by or on behalf of Vim & Vigor Inc., including Zoom coaching sessions, educational discussions, exercise implementation guidance, movement education, accountability coaching, educational support, and related communications concerning the Company’s Programs.
“Programs” means the educational exercise, movement, mobility, rehabilitation, wellness, and lifestyle programs developed, owned, licensed, distributed, or offered by the Company.
“Coach” means any individual authorized by the Company to provide Services on its behalf, whether as an employee, independent contractor, consultant, or other authorized representative.
Unless the context requires otherwise, references to the Company include its authorized Coaches acting within the scope of the Services.
2. Dr. Yonatan Whitten and the Company's Educational Programs
Dr. Yonatan Whitten, D.C. is a founder, shareholder, officer, and representative of Vim & Vigor Inc. Dr. Whitten is the creator and author of the Company’s proprietary educational exercise, movement, mobility, rehabilitation, lifestyle, and wellness Programs, which are owned, licensed, marketed, distributed, and administered by Vim & Vigor Inc.
The Services offered under this Agreement are optional supplemental educational coaching services designed to help Clients better understand, implement, and obtain the greatest educational benefit from the Programs, including by answering questions, providing accountability, addressing implementation challenges, and supporting Client’s educational experience. The Services are intended solely to supplement Client’s independent use of the Programs and are not offered, sold, or represented as independent healthcare services.
Client acknowledges that the Programs are educational resources intended to teach general principles of movement, exercise, mobility, self-directed rehabilitation, wellness, and healthy lifestyle practices. Individual results vary, and neither the Programs nor the Services guarantee any particular outcome.
Neither Dr. Whitten’s creation of the Programs nor Client’s participation in the Programs or Services creates a physician-patient, chiropractor-patient, physical therapist-patient, telemedicine, telehealth, or any other healthcare-provider relationship. Unless Dr. Whitten separately enters into a written agreement outside the scope of this Agreement specifically establishing such a professional relationship, Dr. Whitten is not acting as Client’s treating physician, chiropractor, physical therapist, or other healthcare provider.
Nothing contained in the Programs, Services, Zoom sessions, videos, written materials, emails, messaging, or other Company communications constitutes or should be construed as individualized medical advice, diagnosis, treatment, rehabilitation, or healthcare services.
3. Nature of the Services
The Services consist solely of remote educational coaching provided by or on behalf of Vim & Vigor Inc. in connection with the Company’s Programs and may be delivered through Zoom, email, messaging platforms, video conferencing, digital educational platforms, or other communication methods designated by the Company.
Depending on the Program in which Client is enrolled, the Services may include:
- live Zoom coaching sessions;
- educational discussion regarding the Programs;
- accountability coaching;
- exercise implementation and movement guidance;
- review of Client questions or voluntarily submitted videos;
- educational feedback regarding exercise performance based upon remote visual observation;
- clarification of concepts presented within the Programs; and
- related educational support and communications.
The Services are intended to supplement, not replace, Client’s independent use of the Programs. The scope of the Services is limited to educational coaching related to the Company’s Programs, and subjects outside that scope may be declined or redirected by Coach at the Company’s discretion.
Eligibility for the Services requires Client to own or have authorized access to the applicable Company Program for which coaching support is requested. Coaching is designed to supplement that Program and is not offered as a stand-alone substitute for it.
4. Worldwide Online Educational Coaching
Client understands and expressly agrees that all Services are provided remotely through internet-based communication technologies to Clients who may be located in various jurisdictions throughout the world, without any in-person examination, physical contact, manual assistance, or direct supervision.
Coach will not physically examine, touch, manipulate, palpate, stabilize, spot, restrain, assist, or otherwise physically interact with Client during the Services.
Because the Services are delivered remotely, Client acknowledges that Coach’s ability to observe Client is inherently limited by the nature of remote communication technologies and circumstances outside the Company’s reasonable control, including internet connectivity, audio or video quality, camera positioning, lighting, Client’s exercise environment, and other technological or environmental limitations.
Accordingly, the Company cannot guarantee that Coach will observe or identify improper exercise technique, unsafe environmental conditions, equipment defects, developing medical conditions, or other circumstances that could affect Client’s participation. Coach’s educational observations and recommendations are based solely upon information voluntarily provided by Client and what can reasonably be observed remotely.
Client is responsible for maintaining a reasonably safe exercise environment and for determining whether any exercise, movement, or educational recommendation is appropriate based upon Client’s own circumstances. Client is also responsible for ensuring that appropriate emergency medical services are reasonably available within Client’s location should they become necessary.
5. Coach's Professional Capacity
Client understands that Coach may possess professional licenses, certifications, registrations, degrees, or other credentials, including licensure as a Physical Therapist. Such credentials are disclosed solely for background and informational purposes.
Regardless of Coach’s professional qualifications, Coach provides the Services solely as an educational coach on behalf of Vim & Vigor Inc. and is not acting as Client’s physical therapist, physician, chiropractor, rehabilitation provider, or other licensed healthcare provider.
The Services do not include physical therapy or other healthcare examinations or evaluations, diagnosis, treatment, manual therapy, skilled rehabilitation, individualized healthcare plans of care, telemedicine, telehealth, or other healthcare services regulated under an applicable professional licensing statute.
Client acknowledges that Coach’s professional credentials are not the basis upon which Client is purchasing the Services. Client is purchasing educational coaching intended solely to support participation in the Company’s Programs.
Nothing in this Agreement expands Coach’s professional duties beyond the educational coaching Services expressly described herein. Coach shall not be deemed to owe Client any professional duty arising solely from possession of a professional license, certification, registration, or credential beyond duties expressly created by this Agreement and applicable law.
6. No Medical, Physical Therapy, Chiropractic, or Healthcare Relationship
Client expressly acknowledges and agrees that the Programs and Services are educational in nature and do not constitute healthcare services.
Participation in the Programs or Services does not create or imply a physician-patient, chiropractor-patient, physical therapist-patient, occupational therapist-patient, athletic trainer-patient, rehabilitation-provider, telemedicine, telehealth, or other licensed healthcare-provider relationship between Client and the Company, Dr. Yonatan Whitten, D.C., Coach, or any other representative of Vim & Vigor Inc.
The Programs, Services, Zoom sessions, videos, written materials, emails, messaging, demonstrations, educational discussions, and other Company communications do not constitute:
- medical advice;
- diagnosis;
- treatment;
- rehabilitation services;
- prescription of exercise for a medical condition;
- an individualized healthcare plan;
- the practice of medicine, physical therapy, chiropractic, or another licensed healthcare profession; or
- a substitute for examination, diagnosis, treatment, rehabilitation, or emergency medical care provided by Client’s own qualified healthcare providers.
Client remains responsible for obtaining appropriate medical evaluation and treatment for any illness, injury, or medical condition and for determining, in consultation with Client’s own licensed healthcare providers when appropriate, whether participation in the Programs or Services is appropriate.
Nothing in this Agreement limits Client’s right to seek care from Client’s own healthcare providers at any time.
7. Client Representations, Warranties, and Responsibilities
By purchasing, accessing, or participating in the Services, Client represents, warrants, and agrees as follows:
7.1 Legal Capacity
Client represents that Client is at least eighteen (18) years of age and has the legal capacity to enter into this Agreement.
If Client is a minor, this Agreement must be executed by Client’s parent or legal guardian, who agrees to be legally bound by all provisions of this Agreement on both the parent’s or guardian’s own behalf and, to the fullest extent permitted by law, on behalf of the minor.
7.2 Suitability for Participation
Client is responsible for determining, independently or in consultation with Client’s own licensed healthcare provider when appropriate, whether participation in the Programs and Services is suitable based upon Client’s individual circumstances. The Company makes no independent determination regarding Client’s medical suitability to participate.
7.3 Accuracy of Information
Client represents that any information voluntarily provided to the Company or Coach concerning Client’s health, injuries, surgeries, medications, physical limitations, pregnancy, implanted medical devices, or other matters relevant to participation is accurate and complete to the best of Client’s knowledge.
Client agrees to promptly notify the Company of any material change that could reasonably affect Client’s ability to participate safely. The Company and Coach are entitled to rely upon information voluntarily provided by Client and have no duty to independently verify such information.
7.4 Independent Decision-Making
Client remains responsible for decisions relating to participation in the Programs and Services and agrees to discontinue any activity that Client believes may be unsafe or that produces symptoms causing concern.
Nothing contained in the Programs or Services transfers responsibility for Client’s personal safety or exercise decisions to the Company.
7.5 Safe Exercise Environment
Client is responsible for participating in a reasonably safe environment with adequate space, suitable flooring and equipment, appropriate lighting and footwear, and freedom from hazards.
7.6 No Guarantee of Results
Client understands that individual results vary substantially.
The Company makes no representation, warranty, or guarantee regarding reduction of pain, rehabilitation, recovery, injury prevention, athletic performance, strength, mobility, flexibility, physical function, weight loss, or any other specific outcome.
Any examples, testimonials, success stories, demonstrations, or educational materials provided by the Company are illustrative only and do not guarantee similar results. Results depend upon numerous factors beyond the Company’s reasonable control, including Client’s individual health, consistency, effort, compliance, and circumstances.
8. Emergency Procedures
Because the Services are provided remotely, neither Coach nor the Company can provide emergency medical assistance and Coach may not know Client’s precise physical location. Client is responsible for knowing how to obtain and ensuring reasonable access to emergency medical services within Client’s location.
If Client experiences chest pain, severe shortness of breath, loss of consciousness, sudden weakness, slurred speech, sudden vision changes, severe dizziness, severe neurological symptoms, uncontrolled bleeding, suspected fracture, sudden or severe worsening pain, or any other symptom that could reasonably indicate a medical emergency, Client agrees to immediately discontinue participation and seek appropriate emergency medical care.
If Coach reasonably believes Client may be experiencing a medical emergency or that continuing a session could present a safety concern, Coach may immediately suspend or terminate the session and recommend that Client contact local emergency medical services. Coach has no obligation to diagnose, evaluate, monitor, or manage a medical emergency.
9. Technology and Third-Party Platforms
The Services may be delivered through or supported by internet-based technologies and third-party platforms not owned or controlled by Vim & Vigor Inc., including Zoom Video Communications, Inc., email providers, messaging platforms, scheduling software, payment processors, learning management systems, cloud storage providers, file-sharing services, and other technologies selected by the Company.
The Company does not control and is not responsible for the availability, functionality, security, performance, acts, omissions, or policies of third-party platforms. Client’s use of such platforms may also be subject to the provider’s own terms, privacy policies, and other governing policies.
The Company does not warrant uninterrupted access to the Services or that electronic communications, sessions, files, or transmissions will be free from interruption, delay, technical malfunction, cybersecurity events, or data loss. The Company shall not be responsible for delays, interruptions, reduced service quality, or inability to provide Services resulting from circumstances beyond its reasonable control, including internet or power outages, platform or hardware failures, cybersecurity incidents, communication delays, or failures of third-party service providers.
Client is responsible for maintaining suitable internet access and a compatible device with a functioning camera, microphone, and speakers, such as a laptop, tablet, or smartphone, together with any required software necessary to participate in the Services. For sessions involving movement or exercise, Client is responsible for positioning the camera, providing adequate lighting, and maintaining sufficient open space so that Coach can reasonably observe Client’s movement when requested and Client can safely see and hear Coach’s instructions. The Company may add, replace, or discontinue third-party platforms in its reasonable discretion.
10. Coaching Sessions, Packages, Scheduling, Expiration, and Refunds
10.1 Session Format
Unless otherwise stated in the applicable purchase confirmation, each private coaching session is sixty (60) minutes and is conducted remotely via Zoom or another video-conferencing platform designated by the Company.
10.2 Package Term and Expiration
All purchased coaching sessions, whether purchased individually or as part of a package, must be used within six (6) months of the original purchase date. Any session not used within that period expires and is forfeited without refund, except where otherwise required by applicable law or expressly agreed by the Company in writing. Client acknowledges that coaching is intended to be used consistently so that Client can apply what is learned between sessions, address questions and implementation challenges as they arise, and build upon prior sessions.
10.3 Rescheduling, Cancellations, and Missed Sessions
Client may cancel or reschedule a session without charge by providing at least twenty-four (24) hours’ notice before the scheduled start time. A session cancelled or rescheduled with less than twenty-four (24) hours’ notice, or a session Client fails to attend, will be treated as a completed session and, if purchased as part of a package, deducted from the remaining package balance. If purchased as an individual session, the session fee will not be refunded. The Company may waive this policy in its discretion when circumstances warrant, but is not obligated to do so.
10.4 Refunds for Coaching Packages
If Client purchases a multi-session coaching package and chooses not to continue, Client may request a refund of the unused portion of the package during the six (6)-month package term. Because package pricing reflects a discounted rate based on the purchase of multiple sessions, all sessions already completed, missed, or cancelled or rescheduled with less than twenty-four (24) hours’ notice will be recalculated at the Company’s then-current standard single-session rate, which is $315 as of the effective date of this Agreement. The total value of those sessions at the standard single-session rate will be deducted from the amount Client originally paid for the package, and any positive remaining balance will be refunded. Client will never be required under this refund calculation to pay more than the original package purchase price solely because the recalculated amount exceeds that price; in that circumstance, no refund will be due. Completed sessions and individual single-session purchases are non-refundable, except where otherwise required by applicable law.
Example: If Client purchases an eight-session package for $1,598 and uses two sessions before requesting a refund, the two used sessions are recalculated at $315 each ($630). The refund would therefore be $968 ($1,598 minus $630).
10.5 Purchase Terms
The specific package purchased, purchase price, number of sessions, and any other transaction-specific terms will be reflected in Client’s order or enrollment confirmation. In the event of a conflict between a transaction-specific purchase confirmation and this Agreement, this Agreement controls unless the purchase confirmation expressly states that it modifies a specific provision of this Agreement.
11. Assumption of Risk
CLIENT EXPRESSLY ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT PARTICIPATION IN THE PROGRAMS AND SERVICES INVOLVES INHERENT RISKS THAT CANNOT BE ELIMINATED, EVEN WHEN REASONABLE CARE IS EXERCISED.
Client understands that participation in exercise, movement, mobility training, strengthening exercises, flexibility training, balance activities, self-directed rehabilitation exercises, educational coaching, and other activities associated with the Programs and Services may involve known, unknown, foreseeable, and unforeseeable risks of injury, illness, property damage, permanent disability, or death.
Such risks may arise from, without limitation:
- participation in physical activity;
- pre-existing or undisclosed medical conditions;
- aggravation of existing injuries;
- overexertion;
- equipment malfunction or misuse;
- environmental conditions;
- errors in judgment by Client;
- limitations inherent in remote observation and communication;
- acts or omissions of third parties; or
- other circumstances beyond the Company’s reasonable control.
Client acknowledges that it is impossible to identify, anticipate, or eliminate every potential risk associated with participation in the Programs or Services. Accordingly, Client knowingly, voluntarily, and expressly assumes full responsibility for all risks associated with participation, whether known or unknown, foreseeable or unforeseeable, to the fullest extent permitted by applicable law.
Client voluntarily elects to participate in the Programs and Services with full knowledge of these risks.
12. Release and Waiver of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLIENT, ON BEHALF OF CLIENT AND CLIENT’S HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, SUCCESSORS, AND ASSIGNS, RELEASES, WAIVES, DISCHARGES, AND COVENANTS NOT TO SUE VIM & VIGOR INC., DR. YONATAN WHITTEN, D.C., COACH, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, CONSULTANTS, AGENTS, REPRESENTATIVES, AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, LICENSORS, AND AUTHORIZED COACHES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, ALLEGED CLAIMS, DEMANDS, DAMAGES, ACTIONS, CAUSES OF ACTION, LOSSES, COSTS, EXPENSES, OR LIABILITIES OF ANY KIND ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE PROGRAMS, THE SERVICES, OR CLIENT’S PARTICIPATION THEREIN. CLIENT ACKNOWLEDGES THAT THIS RELEASE IS INTENDED TO BE INTERPRETED AS BROADLY AS PERMITTED UNDER APPLICABLE LAW.
Nothing contained in this Agreement releases liability for gross negligence, willful misconduct, fraud, or any liability that cannot lawfully be waived under applicable law.
If any portion of this Release is determined to be invalid or unenforceable under applicable law, the remaining provisions shall remain enforceable to the fullest extent permitted by law.
13. Indemnification
To the maximum extent permitted by applicable law, Client agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, alleged claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- Client’s participation in the Programs or Services;
- Client’s breach of this Agreement;
- Client’s sharing, redistribution, or unauthorized use of the Programs or Company Materials;
- Client’s use of information, exercises, or educational content provided through the Programs or Services to train, instruct, or provide advice to any third party;
- any claim asserted by a third party, including a minor, family member, workout partner, or bystander, arising out of Client’s participation in the Programs or Services or Client’s use of or sharing of the Company Materials; or
- Client’s violation of applicable law or regulation in connection with the Programs or Services.
This indemnification obligation shall survive termination, expiration, or cancellation of this Agreement and termination of Client’s relationship with the Company.
14. Intellectual Property and Confidentiality
All coaching programs, educational Programs, workout plans, videos, PDFs, written materials, session recordings, exercise demonstrations, presentations, graphics, images, branding, trademarks, logos, methodologies, educational content, and other materials provided or made available by the Company (collectively, the “Company Materials”), together with the Company’s methodologies, exercise progressions, educational systems and frameworks, proprietary teaching methods, proprietary know-how, and intellectual property embodied therein, are the exclusive intellectual property of the Company or its licensors and are protected by applicable intellectual property laws.
Subject to Client’s compliance with this Agreement, the Company grants Client a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Company Materials solely for Client’s personal, non-commercial use in connection with the Programs and Services.
Except with the Company’s prior express written consent, Client shall not:
- record, photograph, capture, screenshot, screen-record, audio-record, or otherwise reproduce any live coaching session or Company Materials;
- share, distribute, publish, post, upload, transmit, display, or otherwise make Company Materials available to any third party;
- upload, input, submit, copy, or otherwise use Company Materials with an artificial intelligence system, large language model, generative AI platform, machine learning system, or similar technology for generating content, training, fine-tuning, evaluating, indexing, embeddings, retrieval systems, datasets, or derivative works;
- copy, reproduce, modify, adapt, translate, summarize, create derivative works from, reverse engineer, extract, scrape, or otherwise exploit Company Materials;
- sell, license, sublicense, rent, lease, assign, transfer, distribute, or commercially exploit Company Materials;
- incorporate, teach, reproduce, or use the Programs, Company Materials, the Company’s methodologies, educational content, systems, frameworks, proprietary teaching methods, know-how, or exercises in any coaching, educational, consulting, healthcare, or other commercial activity; or share Client’s account credentials, purchased access, or Company Materials with another individual or entity.
Client acknowledges that unauthorized use or disclosure of Company Materials may cause immediate and irreparable harm to the Company for which monetary damages alone may be inadequate.
Accordingly, in addition to other rights or remedies available at law or in equity, the Company may seek temporary, preliminary, and permanent injunctive relief, specific performance, and other equitable remedies to prevent or stop an actual or threatened violation of this Section, notwithstanding any arbitration provision contained elsewhere in this Agreement.
15. Entire Agreement; No Reliance on Outside Statements
This Agreement, together with any purchase, order, or enrollment confirmation or other document expressly incorporated herein by reference, constitutes the entire agreement between Client and the Company concerning the Programs and Services and supersedes all prior or contemporaneous communications, representations, negotiations, understandings, and agreements relating to its subject matter.
Client acknowledges that, in deciding to purchase or participate in the Programs or Services, Client has not relied upon any representation, warranty, promise, guarantee, statement, opinion, estimate, projection, or other communication not expressly set forth in this Agreement, including statements contained in marketing or advertising materials, social media, videos, emails, presentations, Zoom sessions, or other educational or promotional communications.
No amendment, modification, supplement, waiver, or addition to this Agreement shall be effective unless in writing and signed by an authorized representative of the Company. An electronic signature or other legally recognized electronic acceptance satisfies any requirement that this Agreement or such amendment, modification, supplement, waiver, or addition be in writing or signed.
16. Governing Law, Arbitration, and Dispute Resolution
16.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict-of-laws principles, except to the extent Client’s local consumer-protection or other mandatory law requires otherwise and cannot be contractually waived.
16.2 Binding Arbitration
Except for claims arising under Section 14 (Intellectual Property and Confidentiality), for which the Company may seek injunctive relief in any court of competent jurisdiction, any dispute, claim, or controversy arising out of or relating to this Agreement, the Programs, or the Services shall be resolved exclusively through final and binding arbitration rather than in court, to the fullest extent permitted by applicable law.
Arbitration shall be administered by a mutually agreed-upon arbitration organization, conducted remotely by videoconference or written submissions where feasible, and shall be confidential. The arbitrator’s decision shall be final and binding, subject only to limited review permitted by applicable arbitration law.
16.3 No Jury Trial; No Class Actions
To the fullest extent permitted by applicable law, Client waives any right to a jury trial and agrees that any claim shall be brought only in Client’s individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
16.4 Enforceability
If mandatory local law prohibits arbitration, waiver of jury trial, or a class-action waiver for a particular claim, the affected provision shall not apply to that claim to the extent prohibited, and the claim shall instead be resolved in the courts identified below, with the remainder of this Section 16 remaining in full force and effect.
16.5 Venue
For matters not subject to arbitration, or enforcement of an arbitration award, the parties consent to the exclusive jurisdiction and venue of the state or federal courts located in Wyoming, except where mandatory local consumer-protection law requires disputes to be heard in Client’s home jurisdiction.
17. Health Information Authorization
Client may voluntarily provide Vim & Vigor Inc. and Coach with health-related information and records in connection with the Services, including MRIs, X-rays or other imaging, medical or surgical reports, records of diagnoses, medication lists, physician notes, and photographs or videos of Client’s body, movement, or injuries (collectively, “Health Information”).
17.1 Authorization
Client authorizes the Company and Coach to receive, review, discuss internally among Company staff involved in Client’s coaching, and securely store Health Information solely for the purpose of providing and personalizing the Services. This authorization is voluntary, and Client is not required to provide Health Information beyond what Client chooses to share.
17.2 Use and Protection
The Company will use Health Information only to inform and adapt Client’s coaching and will not sell Health Information to third parties. The Company will take reasonable administrative, technical, and physical measures designed to protect its confidentiality.
Client acknowledges that no electronic transmission or storage system is completely secure and that transmitting Health Information through email, messaging, file-sharing, or similar technologies carries inherent risk.
17.3 Not a HIPAA-Covered Entity
Client acknowledges that Vim & Vigor Inc. is an educational coaching business and not a “covered entity” or “business associate” under the U.S. Health Insurance Portability and Accountability Act (HIPAA) or equivalent healthcare-privacy laws in other jurisdictions, except to the extent otherwise required by applicable law. Health Information shared with the Company is protected under this Agreement rather than HIPAA.
17.4 International Clients
Client acknowledges that Health Information may be transmitted to, stored by, and processed by the Company in the United States and that U.S. data-protection laws may differ from those in Client’s home jurisdiction. By sharing Health Information, Client consents to this cross-border transfer and processing.
Clients located in the European Union, United Kingdom, or other jurisdictions with comprehensive data-protection laws may contact the Company with questions regarding applicable data-subject rights before sharing Health Information.
17.5 Right to Withdraw
Client may withdraw this authorization prospectively at any time by written notice to the Company, though the Company may retain records already created to the extent required for legal, safety, or record-keeping purposes.
18. No Warranty; Limitation of Liability
THE PROGRAMS, SERVICES, AND COMPANY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, OR RESULTS, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE PROHIBITED BY APPLICABLE LAW.
To the fullest extent permitted by applicable law, in no event shall the Released Parties’ aggregate liability to Client for any claim arising out of or relating to this Agreement, the Programs, the Services, or the Company Materials exceed the total amount actually paid by Client to the Company for the Services in the twelve (12) months preceding the event giving rise to the claim.
This limitation does not apply to liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or fraud.
19. Minors
The Programs and Services are intended primarily for adults.
If a parent or legal guardian purchases, enrolls, or permits a minor to participate in the Programs or Services, the parent or legal guardian represents that they have legal authority to do so and agrees to be legally bound by this Agreement both individually and, to the fullest extent permitted by applicable law, on behalf of the minor.
The parent or legal guardian agrees to supervise the minor’s participation, ensure that the minor complies with this Agreement, and accept responsibility for the minor’s participation. The releases, assumptions of risk, indemnification obligations, dispute-resolution provisions, and other terms of this Agreement shall apply to the fullest extent permitted by applicable law.
20. General Provisions
20.1 Severability
If any provision of this Agreement is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, it shall be modified to the minimum extent necessary to make it enforceable or, if it cannot be modified, severed, and the remainder of this Agreement shall remain in full force and effect.
20.2 Assignment
The Company may assign this Agreement, including in connection with a merger, acquisition, or sale of assets. Client may not assign this Agreement without the Company’s prior written consent.
20.3 Force Majeure
The Company shall not be liable for failure or delay in performance resulting from causes beyond its reasonable control, including internet or platform outages, natural disasters, illness, or other events of force majeure.
20.4 Electronic Signatures and Records
Client consents to execute this Agreement electronically and agrees that Client’s electronic signature is legally binding and enforceable to the same extent as a handwritten signature, in accordance with the U.S. Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and analogous laws in Client’s jurisdiction.
20.5 No Waiver
The Company’s failure to enforce any provision of this Agreement shall not constitute a waiver of that or any other provision.
20.6 Survival
Sections 12, 13, 14, 15, 16, 17, 18, and this Section 20.6, together with any other provision that by its nature is intended to survive, shall survive termination, expiration, or cancellation of this Agreement and Client’s relationship with the Company.
Acknowledgment
BY CHECKING THE ACCEPTANCE BOX AT CHECKOUT, CLIENT ACKNOWLEDGES THAT CLIENT HAS READ AND UNDERSTANDS THIS AGREEMENT, HAS HAD THE OPPORTUNITY TO ASK QUESTIONS AND SEEK INDEPENDENT LEGAL ADVICE, AND VOLUNTARILY AGREES TO BE BOUND BY ITS TERMS, INCLUDING THE COACHING PACKAGE, EXPIRATION, CANCELLATION AND REFUND TERMS, ASSUMPTION OF RISK, RELEASE OF LIABILITY, LIMITATION OF LIABILITY, AND ARBITRATION PROVISIONS.
This Agreement is accepted electronically at checkout. By checking the acceptance box on the coaching order form, Client confirms that Client has read this Agreement, understands its terms, and agrees to be legally bound by it. That electronic acceptance has the same legal effect as a handwritten signature under the E-SIGN Act, as described in Section 20.4.
Return to your order form to continue
Effective September 11, 2026 · Version 2026-09-11
Questions about these terms? Contact Vim & Vigor Inc. before purchasing.
